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PanelQMEDismissed

Castellano, Martha

MARTHA CASTELLANO MADRIGAL, Applicant vs. PERFORMANCE BUILDING SERVICES INSURED SOLUTIONS; ZURICH NORTH AMERICA, Defendants

ADJ number: ADJ18882823
Decision date: Mar 17, 2024
District office: Santa Ana
WCJ: —
Claim administrator: Zurich North America
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: ankle, foot

LC §5702LC §5705LC §3202.5LC §5903LC §5952LC §5813CCR §10945CCR §10670CCR §10803CCR §10421

Summary

Applicant, a janitor, claimed injury to her ankle and foot on December 13, 2016. The parties resolved the case by Stipulations with Request for Award signed by applicant in pro per and defendant's attorney, approved by the WCJ in an Award issued March 18, 2024, finding 19% permanent disability payable at $290.00 per week. Defendant sought reconsideration alleging a mutual mistake, arguing the correct rate should have been $193.81 per week, and improperly attached documents not admitted into evidence. The Board dismissed the Petition as premature because no evidence regarding earnings had been admitted into the record and no hearing had been held. The matter was returned to the trial level for the WCJ to treat defendant's Petition as a petition to set aside, conduct a hearing, create an evidentiary record, and determine whether good cause exists to set aside the Stipulation & Award.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.